Substitution / break in work

[dx4100]

How do I handle this....

I’m just putting a contract together and I’m wondering how to handle the following:

I’m going to be out of the country for about two weeks in October. The client doesn’t want a sub during this time as it is such a short period of time. They are happy to accept this break in service.

So how do I handle this from a IR35 point of view. Providing a sub when there is a real need to is no problem at all. But a two week period we know about at this stage is too small from both points of view to bother providing one. Both sides would just be happy to wait for my return and accept the break as it’s not going to a have significant impact on the project.

Is a simple letter between me and the client informing them I won’t be available on x, y and x dates and would they like me to provide a sub. With them replying to say they don’t require a sub during this period be fine?

Or should I put something into the contract to say there will be a break in services during this time ?

Cheers...please dont flame me

[Sockpuppet]

Just ignore it. Its only 2 weeks - just write them an e-mail saying your co cannot provide someone between x and y dates.

[chef]

im taking a long weekend off for my birthday.. I simply emailed the PM and informed him I am unavailable to work from .. to ..

Its none of his business why, im simply unavailable to work.

Or, if your contract says (as it should do) you get paid for the hrs/days you work and that there is x days work and not "paid from.. to.." (permie alert) then it doesnt matter as you are simply not working and therefore not getting paid. how you spread those x days out is up to you and your company providing you meet any deadlines agreed.

[DodgyAgent]

Just put a paragraph in saying that your ltd company can offer a replacement service for the two weeks "if required"

[dx4100]

Thanks for the replies!

So it’s only an issue if the client isn’t happy with the break. If they wasn’t happy then I would have to provide a sub and they would have to accept it (as long as they had the right skills, experience etc).

Cool, cheers

[brianbetter]

Break

As a contractor, you are entitled to work when you want, you have got to be careful in not making yourself sound beholding to your client with regard to when and how you supply your skills. In IR35-ese you must ensure that you have a contract "for service" not a contract "of service". Your contract really should have a right of substitution clause, even if you client has no intention of exercising it. You must show that you have the right to do it, even if you do not intend to.

[tim123]

As a contractor, you are entitled to work when you want, you have got to be careful in not making yourself sound beholding to your client with regard to when and how you supply your skills. In IR35-ese you must ensure that you have a contract "for service" not a contract "of service". Your contract really should have a right of substitution clause, even if you client has no intention of exercising it. You must show that you have the right to do it, even if you do not intend to.

I don't agree.

If you contracted a builder, would you be happy if he turned up expecting to work on your bathroom at 3 in the morning?

tim

[brianbetter]

You are not builders

I would take a look at your situation, builders do actually come and go as they please, and annoying as it may be, you cannot really stop them. You need to maintain your identity as a company and although I am not advocating not turning in, whoever hires you should not really try too hard to impose their working hours, making you submit holiday forms, etc.. as long as you deliver what they have appointed your company (not you individually) to do, then you are acting as a professional company.